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Ohio Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Can an employer hire and promote a candidate for management over immediate family members in Ohio?

I was let go from a position this week without any warning or documentation. Later that day, I found out that person promoted to my position will now be in charge of her best friend and her sister. At the time, I was currently gathering evidence and paperwork against these employees for time clock... View More

Rebecca Hill
Rebecca Hill
answered on Jan 28, 2022

Ohio is an "at-will" employment state, meaning that your employer can terminate you for any reason, or no reason at all as long as your termination does not violate the law. Ohio and Federal law prohibit employers from terminating employees because of their membership in a protected class... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: What does section 124.31 mean for Ohio employee?
Matthew Williams
Matthew Williams
answered on Dec 20, 2021

It means the civil service should promote from within, rather than hiring new people into higher level jobs, whenever possible. But the language is pretty loose, so I wouldn't say it creates any kind of absolute right of a lower level employee to be considered to the exclusion of a... View More

1 Answer | Asked in Employment Discrimination for Ohio on
Q: I work for a company in Akron, Ohio on 11/17/2021 my day off of work. My manager called called me to tell me I was susp

Suspended until further notice. On 11/18/2021 I called to see if documentation was filed and that I would come pick it up that day. Only to be called back fifteen minutes later to say they could not suspended me. But I was not allowed back to my designated area. Now they r offering me a job that I... View More

Nicholas P. Weiss
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answered on Nov 29, 2021

I'm assuming that this is a disability discrimination matter. If that is the case then they are likely offering you a different position as a reasonable accommodation for your claimed disability. If you don't take it it is likely that they can terminate you.

1 Answer | Asked in Employment Discrimination for Ohio on
Q: My employer is threatening corrective action if we don't divulge yes or no to having the covid shot. HIPAviolation?
Nicholas P. Weiss
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answered on Nov 29, 2021

Your employer is allowed to ask this question and get an answer. It is not a violation of HIPAA.

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Is it legal for a employer to have people that got the vaccine stop wearing masks but make the ones who didn't wear them

Wouldn't that fall under discrimination?

Matthew Williams
Matthew Williams
answered on May 19, 2021

Discrimination laws are not concerned with the vaccine status of an individual. It is illegal to discriminate against people due to their membership within a protected class such race, sex, or religion. Other forms of discrimination, for example only hiring licensed medical doctors to be hospital... View More

1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Employment Discrimination for Ohio on
Q: Former employer's HR retaliated against me for reporting racism in the workplace. I later quit and HR denied benefits/UI

HR (and other supervisors) refused to do anything about racism in the workplace. They lied about company policy and my ability to resolve the issues on my own. And Later when I quit due to these and other conditions, they denied paying out vacation that I was eligible for and entitled to because... View More

Kyle Anderson
Kyle Anderson
answered on Apr 28, 2021

Hi, more information is needed here. Complaints about racism in the workplace may be protected under Title VII. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Discrimination, Employment Law and Gov & Administrative Law for Ohio on
Q: Can my employer put me on unpaid administrative leave cause another employee lying about me saying I said a curse word

A week prior to being put on unpaid administrative leave my supervisor had asked me if I said the F word at work while I was in a meeting with my union grievance official. I told her no I did not. I worked the whole following week with no issues. Then the next week after that week I was out on FMLA... View More

Carrie Dyer
Carrie Dyer
answered on Mar 17, 2021

More information is needed to fully analyze your situation. Is your administrative leave paid? You should contact an employment attorney in your area to discuss whether you may have a claim for FMLA interference or FMLA retaliation, depending on what ultimately happens with regard to your... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: My employer is asking me to take a pay cut but no one else. I’m the only African American there. Is this legal?

I refused a paycut but I feel they may still act on it even though I’ve refused.

Kyle Anderson
Kyle Anderson
answered on Mar 3, 2021

Hi, more information is needed here. Has anyone made any comments to you about your race or why you were the only selected for a paycut? I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Ohio on
Q: Can employer work you past your doctors restriction on hours

I have a left foot injury before I started employment with my company and they was aware of previous surgery on ankle before I was hired after working for 7 months or so had several big knots in bottom of left foot that was causing me a lot of pain and discomfort my doctor put me on restrictions... View More

Nicholas P. Weiss
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answered on Feb 16, 2021

This sounds like you potentially have a claim for disability discrimination. If he terminated you because you could not or would not work beyond your work restrictions, that would be actionable.

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: If you are working & on SSDI is an employer required to schedule IAW SSDI hours so you don't make too much & lose SSDI?

I work for a big box home improvement retailer. I have asked them repeatedly not to schedule me past 1260/mo income. I have previously notified SSDI of their actions & provided work with a doctor's note. I have repeatedly spoken to several managers past 3 months & they continue to... View More

Maurice Mandel II
Maurice Mandel II
answered on Jan 26, 2021

You are probably an "at will" employee and subject to termination at any time, without the requirement of "good cause" however, you cannot be terminated for an illegal reason. You should consult directly with a local employee rights attorney about your situation.... View More

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Ohio on
Q: I was hurt on the job... is the company supposed to pay me for the time off the doctor gave me?

If I return to work still in pain what are my options? Also, someone who isn’t HR told me not to return to work until she contacts me.

James J. Hux
James J. Hux
answered on Nov 1, 2020

You may want to consider contacting a workers compensation attorney. You should be able to file a claim, and then return to work when you are actually able, not because you are forced back.

Attorney James J. Hux

Hux Law Firm, LLC

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Can my employer down staff me for turning in my 2 week notice then have someone else work my hours?

I'm a STNA in Ohio and was recently removed from the schedule due to "down staffing" but then I found out that someone else is covering my hours. This was done out of spite and leaves me with no pay check. What are my options?

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 15, 2020

While employers may require their employees to give notice before they resign, they do not need to allow you to work through your termination notice period. So, in your situation, your employer need not let you work the full two weeks leading up to your resignation. This is because Ohio is an... View More

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Ohio on
Q: In Ohio, can tan employer request a background check before making an offer?

The Company is in Cleveland Ohio, and requesting a complete background check. No offer made.

Hunter G. Cavell
Hunter G. Cavell
answered on Jul 9, 2020

There are very specific privacy laws surrounding this. Talk with an employment attorney. Also, background checks are not free, so it is a good sign that they are requesting it, but I have only heard of background checks requested after a conditional offer is made and accepted. Talk to an employment... View More

1 Answer | Asked in Employment Discrimination for Ohio on
Q: What would be considered as derogatory on a criminal background?

Like... If a job says they're letting you go because your bci check came back and you have some derogatory things on your background.

Matthew Williams
Matthew Williams
answered on Jul 5, 2020

Arrests, criminal charges, and convictions are what might be on their.

2 Answers | Asked in Employment Discrimination and Employment Law for Ohio on
Q: I was working for amazon when I came down with symptoms for COVID-19. Can I sue then for wrongful termination?

This was before America had any knowledge of the virus. I came down with all of the symptoms and a horrible full body rash. The hospital also had no idea what was going on. Amazon let me go because I couldn’t work due to me being extremely sick. Can I sue for wrongful termination?

James J. Hux
James J. Hux
answered on Apr 21, 2020

You may be able to pursue a claim against Amazon. Contact an employment law attorney as soon as possible to discuss your situation in more detail.

Attorney James J. Hux

Hux Law Firm, LLC

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2 Answers | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Am I able to sue my employer?

My employer texted me telling me that I need to keep my “damn” mouth shut about my pay (he has an open pay policy everyone knows about). He also said he’ll sleep just fine at night if my ungrateful attitude is gone forever. He told me that he would terminate me, “because in Ohio I don’t... View More

James J. Hux
James J. Hux
answered on Apr 6, 2020

This could be considered retaliation, but you need to talk to an employment attorney in more detail. Some will offer free initial consultations.

Attorney James J Hux

Hux Law Firm LLC

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1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: can my employer force me to work 24 hrs. then use my PTO to cover the other 16 hrs. of the 40 hr.week? I am a salaried

exempt employee. i thought no matter how many hours i work i am guaranteed my salary.

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 25, 2020

This depends on whether you performed work on days your employer required you to use your PTO. Under the Fair Labor Standards Act, employers may take deductions from a salary exempt employee's earnings if you are absent from work for one or more FULL days for personal reasons other than... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: A salaried restaurant manager in Ohio with us being closed due to COVID-19 does my employer still have to pay me?
Neil Klingshirn
Neil Klingshirn
answered on Mar 17, 2020

In a word, no. Ohio employment at will law says that, absent an agreement otherwise, an employer has no obligation to pay an employee after terminating the employment other than paying the employee for work done up to that point.

However, loss of work due to a coronavirus shutdown ordered...
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1 Answer | Asked in Employment Discrimination for Ohio on
Q: I was recently demoted to a data entry only position at work and my wages were reduced, however I am not doing data entr

My employer reduced my wages, because they said my job duties were only going to be data entry. However they have me doing a physical labor job. Are they allowed to do that

James J. Hux
James J. Hux
answered on Feb 12, 2020

Generally, your employer can reduce your wages. Since you have placed this in employment discrimination though, it could be worth it to talk to an employment law attorney in more detail. Some will offer free initial consultations.

Attorney James J. Hux

Hux Law Firm, LLC

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Can a employer hire you and then give you a start date to

turn around and say they dont know when you would be starting diploma

Greg Mansell
Greg Mansell
answered on Feb 10, 2020

Technically an employer can extend your start data unless there is a contract (not just an offer) regarding a start date. An employer can also rescind an offer. On the other hand, you do not have to put up with extensions and are free to continue your job search. If you find a new job, take it!

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